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Re: [ga] [ADMIN] Four Week Suspension of Eric Dierker




Roberto Gaetano wrote:

> The Chair has only the ability to use clemency in the application of the
> decisions of the list monitors, which is far from "overturning a decision".
> Would you say that the President of the US, to make an example, has the
> power of overturning a decision of a judge when he gives grace (or whatever
> the technical legal term is) to somebody sentenced to death?
> IMHO you (WXW) miss an important aspect of the power of the Chair: he/she
> can only alleviate the sentence of the List Monitors, not the reverse (as I
> thought I said clearly, he/she does not have the power, for instance, to
> modify a dismissal by the List Monitors).
> In other words, the Chair is not a judge of appeals, and hence formally the
> sanctioned person still remains judged "guilty" of the offence, but has the
> "fine" condoned.
>
> But anyway, how does this influence the policy on Domain Names?

Exactly.  That's why we have sub-lists, so that people who want to get
on with the work without having to wade through endless hassles over
the rules of combat can do so.

I dropped entirely out of the whole ICANN scene a couple of years ago,
because all I could see was this kind of trivia rather than any real progress
-- the arguments now bear an eerie resemblance to the arguments seen
then -- and it is starting to look as though things have not changed one
iota.  WXW led the charge then, and he is mostly leading the charge now,
and a more effective way of stifling any kind of productive work here
could scarcely be imagined.

Bill Lovell

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